[Novalug] Re: Over the Top

[Chuck Moss]

On Thu, Aug 02, 2007 at 07:31:32PM -0400, Keith Casey wrote:
> On 8/2/07, Gavin Baker <grbaker at ufl.edu> wrote:
> > I went to a movie at this very theater a few weeks ago. I can say with
> > certainty that there was no agreement I had to sign in order to watch
> > the movie. There was no contract. The cashier never said to me, "By
> > buying this ticket, you agree to waive all fair use rights under law."
> > None of that happened. I suspect none of it ever happened to this girl,
> > either. So to exactly which "agreement" are you referring?
> 
> Cool, I didn't know you had to sign something/verbally have it read to
> you for it to apply.  I thought the signs and notice during the
> preview would be sufficient.

Just because the studios want something to be illegal does not make it
illegal.  It is hard to keep up with all the RIAA/MPAA lobbyist
legislation.  There are many things they have tried to get stuck in DOD 
appropriations bills etc so at this point there may be a law on the books
that says it is illegal.  If you know of one please cite it.

If there is a law it may be unconstitutional.  The whole basis of
copyright/patent is granted in the constitution to "promote the progress of
science and the useful arts".  It is a challenge to balance the details of
copyright and patent rights with progress but I believe it has swung too
far to the copyright/patent holders versus the public good.

Barring a signed contract in most cases posting a notice prohibiting
something would not be considered a binding contract.  As an aside shrink
wrap notices in software are not a binding contract except in two states
where UCITA was passed, Virginia and Maryland.

There are complaints that the studios and other parties are overstating
their rights under copyright laws.
FTC complaint flags NFL, MLB, studios for overstating copyright claims
<http://arstechnica.com/news.ars/post/20070801-ftc-complaint-flags-nfl-mlb-studios-for-overstating-copyright-claims.html>

Consider the notices at the start of every DVD you watch and the
end of NFL games.  Do they make any allowance for Fair Use?

"This telecast is copyrighted by the NFL for the private use of our
audience. Any other use of this telecast or any pictures, descriptions, or
accounts of the game without the NFL's consent is prohibited."

If that was binding you could be arrested for talking about the game the
next day at work.



> 
> So let me announce it here first:  I'm making a new closed OS
> available.  I'm calling it Keithux.  I expect to see all of you at the
> next NoVaKUG meeting... it'll be at a bar somewhere.

I hope you attend Novalug this morning, If so you must give me $100 before
leaving.  Consider this fair notice. ;-)

Chuck